Mirzaie v. LaRose et al

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25-cv-02568-JO-KSC
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
HABIBULLAH MIRZAIE,
Petitioner,
v.
CHRISTOPHER J. LAROSE, et al.,
Respondents.
Case No.: 25-cv-02568-JO-KSC
ORDER GRANTING THE
PETITION FOR WRIT OF HABEAS
CORPUS
For the reasons stated on the record, the Court GRANTS the amended habeas
petition. [Dkt. 25] The Court ORDERS as follows:
1. Respondents SHALL release Petitioner from custody.
2. Respondents SHALL NOT re-detain Petitioner during the pendency of his
removal proceedings (until a final order of removal is issued) absent an
individualized determination and written notice that (1) changed circumstances
render him a security risk or risk of absconding; (2) the purposes of his parole
have been served; or (3) humanitarian reasons and the public benefit no longer
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25-cv-02568-JO-KSC
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warrant his presence in the United States. See 8 U.S.C. § 1182(d)(5)(A); 8 C.F.R.
§ 212.5(e),
3. Respondents SHALL file advance notice on this docket if they seek to re-detain
Petitioner during the pendency of his removal proceedings, explaining the
grounds on which Respondents believe Petitioner should be re-detained. United
States v. New York Tel. Co., 434 U.S. 159, 172 (1977) (recognizing the AWA
empowers federal courts to impose affirmative obligations on parties or third
parties where “necessary or appropriate to effectuate and prevent the frustration
of orders it has previously issued in its exercise of jurisdiction otherwise
obtained”). 	Once that notice has been docketed, Petitioner SHALL NOT be
detained for at least 48 hours from the time of docketing.
IT IS SO ORDERED.
Dated: January 15, 2026
Case 3:25-cv-02568-JO-KSC Document 28 Filed 01/15/26 PageID.<pageID> Page
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